OPHD cases closed (SVSH, discrimination, harassment) (2022-23)

In the 2022-23 fiscal year, OPHD closed 862 complaints of discrimination and harassment, including reports of sexual violence and sexual harassment (SVSH). Some of these cases were opened in 2022-23; others (especially those closed early in the year) were opened in a previous year. 

The majority (807, 93.6%) of the 862 complaints closed in 2022-23 were closed following initial assessment (Figure 30). Cases closed following initial assessment are not simply closed upon review. The OPHD intake team contacts the individual who made the report (unless the report was made anonymously) to offer them resources and the opportunity to speak with a staff member about their options. Where OPHD did not have a basis for proceeding with a resolution (see Figure 31 for reasons), OPHD can close the matter administratively, after doing what they can to support impacted individuals; for example, connecting the complainant with supportive resources, issuing no-contact directives, and/or providing targeted prevention education to individuals or groups. 

53 cases went through a resolution process. The majority (45) of those cases went to an investigation. 8 complaints were addressed through alternative resolution, which was successful in 5 instances. An alternative resolution may be unsuccessful in situations where the parties do not agree to the terms. If an alternative resolution is unsuccessful, the Title IX Officer may initiate an investigation. 

A minority of additional cases resulted in an “Other Inquiry,” a term in the UC SVSH Policy for the following situation:

“When a report is not closed after initial assessment yet is not appropriate for Alternative Resolution, Formal Investigation or a DOE Grievance Process because there is no individual identifiable Respondent over whom the Title IX Officer has jurisdiction, the Title IX Officer will:

  • conduct an inquiry to try to determine what occurred, and
  • take prompt steps reasonably calculated to stop any substantiated conduct, prevent its recurrence, and, as appropriate, remedy its effects.”
Pie chart showing outcomes for 56 cases that proceeded to a formal resolution. 45 (80%) were investigated. 8 went to alternative resolution, 5 successfully. 3 were "other inquiry".

Figure 30: All discrimination and harassment reports that proceeded to resolution (July 1, 2022 - June 30, 2023)

Figure 31 breaks down the reasons for closing cases following initial assessment (CFIA). For 430 such (42%), there was insufficient information to carry out a resolution process. The second most common reason for CFIA outcomes (16.5%) was that the complainant requested not to have an investigation. Because there can be more than one reason for a CFIA outcome, the total in Figure 31 is greater than the overall number of CFIA cases.

Of 1031 cases, 430 (41.7%) had insufficient information. 140 (13.6%) were not covered by policy. For 170, the complainant requested no investigation. For 164 (15.9%), the conduct was not prohibited. 95 (9.2%) were unrelated to the university.

Figure 31: Reasons for Case Closure Following Initial OPHD Assessment, All Discrimination and Harassment, including SVSH (July 1, 2022 - June 30,2023)

In Figure 31, the category “Alleged conduct is not Prohibited Conduct” refers to cases in which the alleged conduct does not rise to the level of a policy violation upon initial assessment. The “Conduct not covered by SVSH or Discrimination Policy” category refers to conduct that falls outside the scope of the UC SVSH Policy and the Discrimination Policy. Some of these cases fell under other policies, such as the UC Policy on Abusive Conduct in the Workplace and were referred to the appropriate responsible office. The “Insufficient nexus between conduct and University” category refers to cases in which OPHD did not have the authority or jurisdiction to carry out a resolution process, for example, the alleged incident did not occur in the context of a University program or activity and involved only third parties.